Divorce can be demanding and quite tedious. The entire process can be both difficult and stressful, especially when financial factors come into play. Separation or divorce often leaves the dependent spouse without a sustainable stream of income.
When partners separate from legal marriage, they file for divorce. One partner may lack the means to take care of some financial needs. That’s where post-separation support and alimony come in. These options are different in the sense that post-separation is temporary while alimony is long-term. The dependent spouse may file for immediate help from the supporting spouse in the form of post-separation support.
What is Post-Separation Support?
Post-separation support (PSS) is an interim payment that the supporting spouse pays the dependent spouse. PSS payment is often a mandate from the court. Post-separation support usually has a fixed date by which payment must be complete. It could be an arrangement until alimony is either granted or denied.
Criteria For Post-Separation Support
If either or both spouses can put in for post-separation support, there are criteria to meet:
- Both parties must have been legally married
- The dependent spouse must be the one seeking PSS
- The dependent spouse cannot take care of their financial needs
- The PSS is to be sought from the supporting spouse
- The supporting spouse should be financially capable of paying PSS
How Long Post-Separation Support Lasts?
In states North Carolina, when a couple separates, they wait for at least a year before they can file for a divorce. During this time, the dependent spouse may file for support. PSS ends when they finish the divorce process, or if they choose to resume their relationship.
Furthermore, support payments stop if:
- The supporting or dependent spouse dies,
or
- The dependent spouse begins cohabiting with another adult
It is also important to note that PSS is not automatic. The dependent spouse has to apply for support, and the supporting spouse has the right to disagree until the court mandates payments.
Even so, the supporting spouse may refuse to make payments. In this case, the dependent spouse has to make sure the court enforces payments. Failure to make payments can likely lead to an arrest or forced sale of properties.
Adjusting Post-Separation Support Mandate
It is possible to adjust the terms of post-separation support. A change in the financial situation of either party is a ground for adjustments of the original mandate. If the supporting partner becomes incapacitated, or the dependent partner becomes financially stable. It is also possible for the court not to consider changes in the financial situation as a reason to alter the original arrangement.
Contact Our Office Today!
You may still be confused and overwhelmed by the entire procedure. We get that. If you still have questions about post-separation support, you can contact skilled lawyers from GPS Law Group at 704-741-9957. We target Charlotte, Gastonia, Concord, Huntersville, and surrounding communities in Mecklenburg County, Rowan County, Cabarrus County, Iredell County, and Gaston County, North Carolina.